An aggrieved party must file a charge alleging unlawful discrimination or segregation under Article 1 with the State Human Affairs Commission and seek conciliation of any civil action under Section 45-9-100 prior to bringing such action in the circuit court. The commission has sixty days to investigate the charge, attempt conciliation, and negotiate a settlement. The commission may establish regulations governing the conciliation of a charge filed pursuant to this section, but the failure to promulgate regulations shall not relieve a party from the requirements of this section. No civil action may be commenced by an aggrieved party until sixty days after the filing of the charge with the commission or until the commission issues a letter stating that the conciliation process has concluded, whichever occurs first. After the sixty-day period has expired, the person filing the charge is deemed to have exhausted his administrative remedy notwithstanding whether the commission has concluded its attempts at conciliation.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
Structure South Carolina Code of Laws
Title 45 - Hotels, Motels, Restaurants and Boardinghouses
Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations
Section 45-9-20. Exception for private establishments.
Section 45-9-50. Hearing on complaint by Attorney General; notice of hearing.
Section 45-9-70. Right to intervene in action.
Section 45-9-75. Final decision of panel; appeals.
Section 45-9-85. Penalty for violating confidentiality provisions.
Section 45-9-90. Penalty for violating provisions of Article 1.
Section 45-9-100. Action for damages by aggrieved party; minimum damages for violation.
Section 45-9-110. Prerequisites to action for damages; conciliation.